27 over First Ticket

[manovermatter]

On the highway, doing 82 in a 55, did slam on the breaks, did not ask to see the radar gun, and I bet it was through the window of the officer's patrol car when he was stationary, since he tagged me while I was rounding a corner behind him.

It's my first ticket, and he gave me an insurance warning since I did not have a current slip on me. I was wearing an "I love Cops" Shirt.

Court Date in roughly 2 months. Any advice? Estimated attorney's fees? Do I argue the point that he probably radarred me through the window? Do I plea guilty for traffic school? They did not take my car or my license. Was very polite to the officer, as was he, and he did not mention anything about manslaughter when he pulled me over.

2 or 3 grand in legal fees + traffic school+ elevated insurance rates? What are my options legally? Again, he may not have the calibration card, and I forgot to ask to see the radar, and there's a good chance it was through the window. Does it matter?

[>Charlotte<]

Originally Posted by manovermatter

he did not mention anything about manslaughter when he pulled me over.

Manslaughter?

[moburkes]

They are not going to show you the gun. I'm not sure what the radar through the window means. Yes, this will cost a lot of money for the next few years. An attorney is a good idea, if he can get the charge reduced. Bring your proof of insurance, and you will be okay in that regards.

[Ozark_Sophist]

Did you cause an accident when you slammed on your brakes?

[Ozark_Sophist]

What is your state?

[Ozark_Sophist]

Ahh... the manslaughter might have to do with excessive speed. OP probably read somewhere that he could be charged with manslaughter if he caused an accident while driving at an excessive speed that resulted in death. Still, there is more to the story - including the state.

[XNavyLT]

Was the officer using LADAR (LASER) to nail you? If so, your through glass defence could work.

Because ladar uses a narrow laser infrared (IR) beam, the ladar should not point through glass (windshields, side windows, etc.) because the beam will refract and some or much of the signal absorbed, reducing pointing accuracy and detection range. The degree of pointing error is a function of glass characteristics such as curvature, thickness, index of refraction, and the angle the beam strikes the glass. Signal attenuation is a function of glass absorption coefficient and index of refraction (tinting), thickness, and the angle the beam strikes the glass. Note that characteristics such as the index of refraction and absorption coefficient are wavelength dependent, may have slight to very different values depending on wavelength. Vislbile light has wavelengths between 400 - 700 nm (nanometers), ladar is in the infrared (IR) region at about 900 nm.

[manovermatter]

I am almost positive the cop used laser, for a cop in the area told me that they have switched to it because it is extremely fast.

The real question is...how could I prove that he was lasering through the window?
The angle he hit me at when I was doing 82mph had to have been through the rear window of his car, there is no way he could have caught me doing 82 through an open left hand side window-since he was pulled over on the right side of the road and I was rounding a right turn corner.

I was speeding, I would say 70mph would be much more fair than 82, because if I was doing 82 it was for no more than a fraction of a second as I was speeding up and then let off the gas. I did not believe him when he said I was doing 82. I should have asked to see the gun.

I live in Missouri, and I assumed that at anything over 20mph of the speed limit they could take my license and my car and charge me with attempted manslaughter or something more serious than an under 20mph ticket.

I could take pictures, prove he was using a laser through the glass, which I am about 75% sure of beause of the fraction of a second he caught me doing 82... there is no possible way I was doing 82 for more than 1-2 seconds.

So my options are
A: Hire an attorney, have him talk the judge down to 150$ fine/traffic school
which means I have to pay an attorney-which if it can cost up to 10grand I will not.
B: Hire an attorney, have him argue the laser glass thing, and risk my word against the officers. How can I prove I was doing 82 for a fraction of a second which would only be possibly detected by laser?
C: Represent myself and argue the laser theory-get slapped with a fine, and maybe they would suspend my license for 6 months if they did not buy it??? -17.y.o....
D: Represent myself and plead guilty and hope they will let me off with driving school and a 150-300$ fine and not have to pay lawyer fees.

What's my best option in risk management?

[manovermatter]

Well, if that strategy is defunct do you recommend I hire an attorney? Would it be standard for the judge to send me to traffic school with a 150-300$ fine for such a ticket? I'm just looking for answers from people who have had similar experiences/know the law, not looking really to justify any potential lies.

[Ozark_Sophist]

What is your ticket for? What statute?

Reckless without an accident is a class B misdemeanor (304.012) which is $500 (560.016. 1. (2)).

[seven53]

Citations here in Ohio have boxes that are checked by the officer for the type of speed measuring device that was used. Not on yours? Look closely, you may have missed it.

Also, I have used three different brands of LIDAR. Not one of them had the ability to be used through a window. I'm not talking about erroneous readings, I mean it just doesn't work. No reading, no audio, nothing.

[FlyingRon]

Originally Posted by seven53

Also, I have used three different brands of LIDAR. Not one of them had the ability to be used through a window. I'm not talking about erroneous readings, I mean it just doesn't work. No reading, no audio, nothing.

Was the window open?

[seven53]

Originally Posted by FlyingRon

Was the window open?

I'm sorry, I thought the phrase "through a window" implied that the window was up.

No, the window was not open.

[moburkes]

In the first post you "bet" the window was not open. Now, you are sure that it wasn't open. I don't drive as fast as you, but I'm going to guess that if your eyes were on the curve that you were on, you couldn't be sure that the windows were up or down.

[FlyingRon]

Originally Posted by moburkes

In the first post you "bet" the window was not open. Now, you are sure that it wasn't open. I don't drive as fast as you, but I'm going to guess that if your eyes were on the curve that you were on, you couldn't be sure that the windows were up or down.

And originally he thought it was RADAR. RADAR works fine through glass.
LIDAR as other's have pointed out has mixed results, but if it gives a reading at all, it's working.